RAJENDRA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 23.11.1992 passed by 2nd Addl. Sessions Judge. Giridih in Criminal Appeal No. 126/86 thereby and thereunder the appeal was dismissed for default.

(2.) THE fact, in short for the purpose of this revision is that these petitioners were facing trial in the Court of Sri R.N. Singh, Judicial Magistrate. 2nd class Giridih. in G.R. Case No. 1435/82 (T.R. No. 159/86) and by judgment dated 25.7.1986, the learned Judicial Magistrate found these petitioners guilty under Section 379 IPC and they were sentenced to undergo rigorous imprisonment for six' months and a further fine of Rs. 200/ each was imposed for the offence under Section 144 of the Indian Penal Code and in default to undergo simple imprisonment for a month. Being aggrieved and dissatisfied with this order of conviction, the petitioners preferred a Criminal Appeal No. 126/86. But. the learned 2nd Addl. Sessions Judge by order dated 23.1.1992 dismissed the appeal as the lawyer for the appellants had not turned up for arguing the case, though he was properly informed and confirmed the conviction and sentence as awarded by the learned Judicial Magistrate. Being aggrieved and dissatisfied by this order, this revision has been preferred.

(3.) IN the result, this revision is allowed in the manner indicated above.